Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 9, 1 September 1996 — Vote counted, hearing scheduled on constitutionality [ARTICLE]

Vote counted, hearing scheduled on constitutionality

bv Patrick Johnston Native Hawaiian Votes will be counted but opponents will have their day in court. That was the ruling by U.S. Judge David Ezra after an August 16 hearing on requests by five opponents of the vote to stop the tabulation of ballots and announcement of results. (The plaintiffs are Lela Hubbard, OHA Tfustee Billie Beamer, Clara Kakalia, Steve Kubota and Harold Rice.) The five, who have filed suit against the governor and members of the Hawaiian Sovereignty Elections Council (HSEC),

contend the vote is unconstitutional and discriminates against non-Hawaiians. They had asked the federal court to issue a temporary restraining order on vote tabulation and disclosure of results until the judge had a ehanee to rule on the case.

Ezra said the counting ean go ahead as scheduled but opp>onents will be allowed to make their arguments at an August 30 hearing. The judge issued a temporary restraining order preventing the release of vote results until he had ruled on the case after the hearing. The announcement of the outcome of the vote had been scheduled for September 2, Queen Lili'uokalani's birthday. However, Ezra says it will likely take him a week to make a decision on the legality of the vote. Ezra ordered that vote results be handled with strict control. He said anyone who takes part in ballot tabulation must be aware of the court decision, cannot disclose vote results, and must "follow this court's order under the penalty of eontempt." Both sides claimed victory after the ruling. Vote supporters saw Ezra's decision as a

step in the right direction. "I am positive about the ruling," Hawaiian Sovereignty Elections Council (HSEC) Attorney Hayden Aluli said. "Ezra weighed both parties' interests. ... Since Hawaiians had already sent in their ballots, the vote will not be adversely affected. I would have been concerned if he had ruled before August 15, the date all the ballots were to be returned." Over 80,000 ballots have been sent to Hawaiians across the country. The number returned has not been released. Ed Kemper, an attorney for the plaintiffs, was pleased that the judge kept the case

alive. "We're happy with the ruling. The judge believed we had a case and is giving us an opportunity to present it." Aluli said the results of the August 30 hearing will be critical, both for the vote and for the future of Hawaiian entitlements. Harold Rice has also challenged both the constitutionality of the vote and the OHA elections. If Ezra rules that the HSEC vote is unconstitutional, Aluli believes a precedent could be set for the upcoming ruling on Rice's case against OHA. The legality of OHA and many Hawaiian entitlements could be brought into question.

Aluli is concerned that Hawaiians - who should be more sensitive to Hawaiian issues - have filed a lawsuit that coul&> undo decades of work done to improve the conditions of Hawaiians and strengthen their claims of self-determination. "This is a very ill-advised lawsuit. īt could take down all entitlements ... and hurt what gains Hawaiians have made since the overthrow." Aluli adds that, "It is ironic, given what the federal government has done to Hawaiians in the past hundred years, that vote opponents would run to the same federal government for protection."

"This is a very ill-advised lawsuit. It could affect all entitlements and hurt what gains Hawaiians have made since the overthrow." - HSEC attorney Hayden Aluli